Construction projects in redevelopment areas: apply for approval

In order to ensure that no actual or legal changes occur during urban redevelopment that could have an aggravating effect on the redevelopment process, certain measures in a formally defined redevelopment area are subject to approval.

It requires the written consent of the municipality

• the construction, alteration, conversion or removal of buildings or other structures,
• the making of significant or value-enhancing changes to land and buildings,
• contractual relationships under the law of obligations relating to the use or exploitation of immovable property (in particular rent and lease),
• the sale of immovable property and the conclusion of a corresponding contract under the law of obligations,
• the creation of a right encumbering the property (e.g. a mortgage) and the conclusion of a corresponding contract under the law of obligations,
• the establishment, modification or cancellation of a building charge or
• the division of a property.

In certain cases, the municipality may grant permission for the formally defined redevelopment area or parts thereof in general. If this is the case, this general authorisation shall be made public.

No authorisation required

• projects in which the municipality or the remedial developer is involved,
• legal acts for the purpose of anticipating legal succession,
• projects approved prior to the formal designation of the redevelopment area;
• legal procedures for the purpose of national defence, and
• the acquisition of land that is included in a procedure under § 38 BauGB by the consumer.

To the municipal or city administration.

The permit is granted by the municipality. If a building permit or approval is required, the permit is granted by the building permit authority in agreement with the municipality.

The municipality must decide within one month of receipt of the application. The period may be extended by a maximum of 3 months. Authorisation shall be deemed to have been granted if it is not refused within the time limit.

If a building permit is required, the building inspectorate must decide no later than 2 months after receipt of the application. In this case, the period may be extended by a maximum of 2 months. Here, too, authorisation is deemed to have been granted if it is not refused within the time limit.

Since the municipality grants the permit, it also determines the amount of costs (fees, expenses, etc.) to be incurred.

If the modernisation and repair of buildings belonging to private builders (individual measures) is requested, this can be supported by the cities and municipalities with the help of urban development subsidies in the form of loans and/or grants. Private builders submit their applications directly to the municipality or its redevelopment agency.